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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Palomar Community College District ) File Nos. EB-09-SD-0150
Licensee of Radio Station KKSM )
Facility ID # 51506 ) NOV No. V201032940002
Oceanside, California )
NOTICE OF VIOLATION
Released: January 4, 2010
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Palomar Community College District,
licensee of Non-Commercial AM Broadcast radio station KKSM, Oceanside,
CA. This Notice may be combined with a further action, if further
action is warranted.
2. On October 28, 2009, an agents of the Enforcement Bureau's San Diego
Office inspected KKSM, located at 1140 W. Mission Road, San Marcos,
CA, and observed the following violations:
a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial
educational radio broadcast stations, every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. ... The
list shall include a brief narrative describing what issues were
given significant treatment and what programming that provided this
treatment. The description of the programs shall include, but shall
not be limited to the time, date, duration, and the title of each
program in which the issue was treated...."
At the time of the inspection, the agents found that the issues/program
lists in the public inspection files for KKSM were not drafted in a format
that provided all the information as required by this rule section, and
that the issues/programs lists for several quarters were missing.
b. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS sources.
The monitoring assignment of each broadcast station and cable system and
wireless cable system are specified in the State EAS Plan and FCC
Mapbook."
At the time of inspection, the agents found that KKSM was not monitoring
the second designated local primary (LP-2) radio station KLSD, San Diego,
California.
c. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
why any tests were not received must be made in the broadcast station log
as specified in Sections 73.1820 and 73.1840 of this chapter for all
broadcast streams . . . . "
At the time of the inspection, the agents found that there were no entries
in the station log indicating why tests had been sporadically missed over
the three months prior to the inspection.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, Palomar Community College District must submit
a written statement concerning this matter within twenty (20) days of
release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances,
(ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include
a time line for completion of any pending corrective action(s). The
response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Palomar Community College District to support its response to this
Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Palomar Community College
District with personal knowledge of the representations provided in
Palomar Community College District 's response, verifying the truth
and accuracy of the information therein, and confirming that all of
the information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
6. This Notice shall be sent to Palomar Community College District at its
address of record.
7. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
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Federal Communications Commission